PREMBAI Vs. MEERABAI

JUDGEMENT

(1.) THIS appeal is directed by the claimants against the award dated 30.7.98 passed by Motor Accident Claims Tribunal, Shajapur, in claim case No. 22/97 whereby compensation of Rs. 1,65,000/ - with interest @ l2% per annum from the date of claim petition was awarded.

(2.) THE appellants' case was that on 31.3.97 Sawai Singh, husband of appellant No. 1 and father of appellants No. 2 and 3, was standing near Bamuniya -Khinchi turn on Indore -Bhopal road waiting for bus. The respondent No. 2 came there driving tempo -trax No. M.P. O4 -F/1935 belonging to respondent No. 1 and insured with respondent No. 3 in rash and negligent manner and dashed against Sawaisingh, as a result of which, he died on the spot. The appellants filed claim case seeking compensation of Rs. 6,00,000/ -. The respondents resisted the claim. The Tribunal held that the accident occurred due to rash and negligent driving of the offending vehicle, as a result of which Sawaisingh died and awarded compensation as stated above. Shri Patwa, learned counsel for the appellants, submitted that the Tribunal committed error in fixing the monthly income of the deceased at Rs. 1500/ -. His earning should have been assessed at Rs. 3000/ - per month. He further argued that the age of the deceased was 45 years, therefore, the Tribunal ought to have applied multiplier of 15 in view of IInd Schedule to section 163A of the Motor Vehicle Act instead of 13. The amount awarded for loss of consortium, love and affection is also on lower side. He, therefore, prays for enhancement of compensation amount. On the other hand, Shri Dandwate, learned counsel for respondent No. 3, supported the impugned award.

(3.) IN the result, the appeal is partly allowed. The impugned award is modified to the extent as indicated above. The respondents shall pay Rs. 1,91,000/ - severally and jointly to the appellants with interest @ 12% per annum (after adjusting the amount already deposited) from the date of filing of claim application within 3 months from the date of receipt of copy of this order. Out of this amount, Rs. 71,000/ - be paid to appellant No. 1 and Rs. 60,000/ - each to appellants No. 2 and 3 with accrued interest. Rs. 50,000/ - out of each appellant's share be kept in interest paying scheme in fixed deposit in nationalised Bank for a period of 6 years with accrued interest. No order as to costs.